Statute of Frauds I Berkeley Law骗子我法伯克利法.pptVIP

Two certified questions “Indefinite duration” K and the “one year” clause Contemplated performance more than 1 year but no term stated in the K Relevance of history Relevance of history Affects how the court interprets the provisions of the S o F Relevance of history Affects how the court interprets the provisions of the S o F “Courts look with disfavor” – p. 272 Relevance of history Affects how the court interprets the provisions of the S o F “Courts look with disfavor” – p. 272 Connecticut precedent: what trend? Main question Main question “performance cannot possibly be peformed within one year” What does “possibly” mean here? Holding here “cannot possibly be performed within one year” means under the express terms of the contract The K itself rules out performance in less than a year Not surrounding facts * * * * * * * * * * * * * * * * * * * * Statute of Frauds I Prof. Merges Contracts – March 1, 2011 Agenda Types of agreements covered: categories Other requirements Writing Signed The Agreement Both can be K’s – in the absence of the SoF Statute of Frauds (SoF): History Common law courts, 17th C Perjury; “subornation” of perjury Structure and incentives Common provisions Cal. Civ. Code § 1624 (a)(1) K cannot be performed w/in 1 yr. (a)(2) Suretyship (a)(3) Lease and other real property transactions Main Requirements Writing Signed – but by whom? See Cal statute, p. 259 “party sought to be charged” The party trying to get out of the K; the one the “pro-enforcement” party is “charging” with the K Why these provisions? 1 yr Suretyship Real property Lord Mansfield Chief justice of the Court of Kings Bench from 1756 to 1788, was the foremost judicial voice shaping English common law during that era. “What is surprising about the English common law of the second half of the 18th century is how much is familiar to us today,” he said. “Many of the basic ideas and principles of current American law were forged in this earlier time.” -- Prof